What is the ruling regarding an heir's acknowledgment (Iqrar) of another heir who would otherwise exclude the acknowledging heir from inheritance?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
The acknowledgment made by an heir concerning another person who screens (Hajb) them from inheritance is established, and the acknowledged person inherits, while the acknowledging heir is excluded from inheritance. This is the preferred position according to Ibn Hamid, Al-Qadi, and the view of Abu al-Abbas ibn Surayj. The foundation for this ruling is that the acknowledged person has an established lineage (Nasab), and no impediments to inheritance exist for them. Therefore, they fall under the general scope of the verse: {Allah instructs you concerning your children: for the male, what is equal to the share of two females} [Quran 4:11]. Furthermore, the establishment of lineage is the cause for inheritance; thus, it is not permissible to sever its effect. The argument that acknowledgment invalidates inheritance is unsound, as the acknowledgment of a brother by an existing son does not prevent the son from inheriting, even though his total share is reduced.
Supporting text
The majority of Shafi'i scholars hold that the lineage of the acknowledged person is established, but they do not inherit. This is because granting them inheritance would lead to their exclusion from inheritance, resulting in a self-contradictory outcome where establishing their inheritance negates their status as an inheritor. Additionally, some hold that the acknowledgment is only accepted if the acknowledged party validates it, making it an acknowledgment from all valid heirs, and if the acknowledged party is a child or insane, their statement is not considered.